California Employment News: Time to Do Away With Rounding Policies
Both the National Labor Relations Board (NLRB) and the First U.S. Circuit Court of Appeals weighed in on employees wearing Black Lives Matter items while at work, with the Board siding with the employee and the federal...more
On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more
Recent case law has brought time rounding policies into question. In this episode of California Employment News, Meagan Bainbridge and Katie Collins review the California Court of Appeal’s recent ruling in Camp v. Home Depot,...more
Over the past decade, California employers have reasonably relied on consistent rulings from courts as well as state and federal administrative agencies upholding the validity of time rounding systems as long as they are...more
The Sixth District California Court of Appeal held that despite evidence of neutrality of a rounding policy, the employer did not meet its burden of proof to show employees were properly compensated for all hours worked....more
In California, it has long been the rule that an employer is entitled to use a rounding policy “if the rounding policy is fair and neutral on its face and ‘it is used in such a manner that it will not result, over a period of...more
On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more
Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more
Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more
Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the...more
Most employers know that they can be held liable in some situations based on negligent hiring or retention of an employee who harms a third party. A new decision from the Seventh Circuit Court of Appeals cautions employers...more
The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months...more
Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more
In early September, Home Depot announced that it had suffered a severe security incident, which resulted in a massive data breach that exposed the payment card information of Home Depot customers across the United States and...more